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The judgment below
The part of the defendant's case shall be reversed.
Defendant shall be punished by a fine of KRW 700,000.
The defendant above.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unreasonable.
2. The judgment of the defendant is that the defendant inflicted an injury on the victim in consideration of the victim's 14-day medical treatment, and the degree of the injury the victim suffered is not less than that of the victim, and the victim at the time was over 15 years of age, and the quality of the crime is not good.
However, considering the following factors: (a) the Defendant led to a confession of a crime and reflects his mistake; (b) in particular, the lower court agreed with the victim; and (c) again made efforts to recover the victim’s damage by paying an additional amount of compensation order in the first instance trial; and (d) the Defendant’s age, character and conduct, environment, motive and means of the crime; and (b) various sentencing conditions specified in the records and arguments, such as the circumstances after the crime, are considered, the lower court’s punishment (two million won of fine) is somewhat unreasonable.
3. If the defendant, ex officio, files an appeal against a conviction, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, and thus, the part of the compensation order
Since the defendant paid the money to recover the damage of the applicant for compensation who is the victim of this case in the trial of the court below, it is judged that the existence or scope of liability for compensation is not clear, it is not reasonable to issue an order for compensation.
Therefore, among the judgment below, the compensation order part against the applicant for compensation cannot be maintained as it is.
4. Accordingly, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and since the part of the court below's order for compensation against the applicant for compensation among the judgment below is justified, Article 33 (4) of the Act on